MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held January 25, 2005 at 7:03 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Livingstone presiding.

PRESENT: Councilmembers Hudson and Rowley, Vice Mayor Livingstone.

ABSENT: City Manager Herb Moniz, Councilmember Perkins, and Mayor Wilson.

STAFF PRESENT: City Attorney Byron Athan, Police Chief Kathy Samuels, Planning Services Director Phil Wong, Public Works Director Joye Fukuda, Transportation Services Manager Lisa Bobadilla, Finance Division Manager Eva Howard, and Interim City Clerk Pat Edwards.

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Vice Mayor Livingstone asked Barbara Livingstone to lead the Council, staff, and those in the audience in the pledge of allegiance.

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Vice Mayor Livingstone informed those present that the public hearing for the appeal for The Church on the Hill has been rescheduled to the February 8, 2005 Council meeting.

Vice Mayor Livingstone asked if there were any changes or additions to the agenda. The Interim City Clerk noted the addition of a special presentation to Lance Corporal Joshua Louis Ewing as item 4.3 and that the "Character Counts!" presentation would be item 4.4.

Vice Mayor Livingstone asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted that there were none. Vice Mayor Livingstone invited the public to attend the Economic Development Advisory Committee meeting to discuss the City’s Economic Development Strategic Plan on Wednesday, January 26, at 6:30 p.m. in the Council Chamber.

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Steve Liao made a presentation for the San Ramon Presbyterian Church’s "Building Bridges" event which was held on October 23, 2004. This is a project of community volunteers who serve the elderly, single parents and disabled families. This year, over 250 volunteers were involved in 35 projects. He thanked the City Council for their support and the City staff who participated. Mr. Liao acknowledged their sponsors which included Albertson’s, ChevronTexaco, Lennar Homes, Orchard Supply Hardware, Raley’s/Nob Hill, Ralph’s, Safeway, San Ramon Valley Fire Protection District, Sponges, and Waste Management. Courtney Rawitch and Ashley Bohacek received special recognition for their efforts in coordinating a group of volunteers.

Vice Mayor Livingstone presented proclamations to Courtney Rawitch, Ashley Bohacek, Lennar Homes and the San Ramon Valley Fire Protection District and thanked them for their contribution to the San Ramon community. Kathy McCarthy, assistant principal at Monte Vista High School, accepted on behalf of Ashley Bohacek.

Vice Mayor Livingstone read a proclamation declaring February 2005 as "American Heart Month and February 4, 2005 as Wear Red for Women Day" which is sponsored by the American Heart Association.

Lance Corporal Joshua Louis Ewing was recognized for his military service by Vice Mayor Livingstone and representatives from the VFW, American Legion, Vietnam Veterans of Diablo Valley, and the Marine Corps League. Rozanne Lindsay, representing Congressman Pombo’s office, acknowledged his service. Lance Corporal Ewing thanked the representatives and City for their support.

Officer Gwen Brady reviewed the "Character Counts!" program. This program has replaced the DARE program in the San Ramon Unified School District. This year, the program will reach over 7,000 students in 9 elementary and 2 middle schools. The program focuses on the 6 Pillars of Character: Trustworthiness; Respect; Responsibility; Fairness; Caring; and Citizenship. Officer Brady emphasized that this program makes children understand being responsible for their actions and incorporated as a way of life.

Vice Mayor Livingstone thanked Officer Brady for her presentation and noted that the City is fortunate to have her on staff.

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Vice Mayor Livingstone reported that four applications had been received for the three TAC openings. A ballot vote was taken by the Council. After compilation of the results by the Interim City Clerk, the Vice Mayor announced that Tom McClean, Steve Simmons and Kathy Stewart were selected. Cm. Hudson’s motion to approve their appointment to the TAC for terms to run through January 2007 was seconded by Cm. Rowley and passed 3-0.

The Transportation Services Manager gave an overview of the TDM process and reported that there are three vacancies and that five applications were received. One application is ineligible. She informed the Council that Michelle Dunn withdrew her name from consideration. Vice Mayor Livingstone noted that there was no need for a ballot as there were three remaining applicants and three vacancies. Cm. Hudson’s motion to approve Carrie Wyatt, Susan Gitlin and Rebecca Rogers for appointment to the TDM with terms to run through January 2007 was seconded by Cm. Rowley and passed 3-0.

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The Interim City Clerk reported that two people have requested to speak under Public Comment.

Seti Ghotbzadeh, a Library Advisory Board and San Ramon Library Foundation member, reported on the survey which she had conducted of people who utilize the San Ramon Library. The survey included 100 people of various ages and occupations. Although everyone was happy with the services provided, almost no one was happy with the Library’s space. Concerns were raised regarding noise level, space for study sessions, parking, children’s book shelves, meeting areas, etc. She encouraged the Council to consider building a new library in the Civic Center. She added that she was moving from San Ramon and wished the Council well in its future library projects.

Cm. Rowley thanked Mrs. Ghotbzadeh for her energy, creativity and her ability to work with children and adults in a positive way. She encouraged her to return and visit.

Vice Mayor Livingstone also thanked Mrs. Ghotbzadeh for the time that she had contributed to the Library Advisory Committee. He asked what she found that was good about the San Ramon Library.

Mrs. Ghotbzadeh reiterated that the Library users stated that the services were excellent but that the unavailability of space was the problem.

Toby Brink, President/CEO of the San Ramon Chamber of Commerce, invited the public to their February 8, 2005 luncheon meeting. The Board Members of Leadership San Ramon are scheduled to speak and describe their program.

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Cm. Hudson’s motion to approve the January 11, 2005 minutes was seconded by Cm. Rowley and passed 3-0.

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Cm. Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Rowley and passed 3-0.

Resolution No. 2005-07 - Authorizing the Mayor to execute a lease agreement with Nextel Wireless for installation of antenna and associated equipment on two existing City street light poles within the Crow Canyon Road right-of-way. 

Resolution No. 2005-08 – Authorizing Execution of a Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority

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The Planning Services Director requested that this item, as a General Plan Amendment, be continued to the next meeting as it requires a minimum vote. The property owner has been notified and has no objection with this postponement. There was no public comment. Cm. Hudson’s motion to continue the public hearing to the February 8, 2005 Council meeting for action was seconded by Cm. Rowley and passed 3-0.

The Public Works Director requested that this item be continued. She explained that the City’s ordinance is based on Contra Costa County’s model. Staff has learned that modifications have been made to the County’s ordinance and she requested additional time for staff to study these changes before bringing the item back to Council for its review. Cm. Hudson’s motion to continue the public hearing was seconded by Cm. Rowley and passed 3-0.

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The City Attorney explained that Article II of the City Charter provides that the City Manager shall appoint all department heads other than the City Attorney. This ordinance is being introduced to make the Code consistent with the City Charter. The Charter should state that the City Clerk is appointed by the City Manager.

Vice Mayor Livingstone opened the public hearing and noted that one speaker requested to address this item.

Roz Rogoff questioned how the error had occurred and the process required to make the correction.

The City Attorney responded that the original City Charter regarded the City Clerk as a department head. He stated that he did not know how the statement that the City Council would appoint the City Clerk got into the amended City Charter. The action of the people was to add an elected mayor to the Charter and no one knows how this error occurred. The item must be repealed because the ordinances are codified. He indicated that this is the process which is necessary to correct the codification and make the current Charter comply with the original Charter.

Vice Mayor Livingstone closed the public hearing.

Cm. Hudson commented that staff did not catch the error when the Charter was amended since it did not exist in the original version. He added that this was the result of an action of the Council after the vote of the people and remarked that how it appeared is a mystery. He concurred with the City Attorney regarding the way to correct it.

Cm. Rowley’s motion to introduce the ordinance and waive the reading was seconded by Cm. Hudson and
passed 3-0.

Vice Mayor Livingstone noted that the Council members to the Finance Committee were not present but that they have reviewed the Audit and supported accepting it at their January 20, 2005 Finance Committee meeting.

The Finance Division Manager presented the Audit Report for 2003-04. She noted that this is the first year that Moreland and Associates have been the City’s auditors. This is the City’s first comprehensive annual financial report versus previous years in which just a basic financial report was provided. She introduced Chuck Acocello and Ronak Desai from Moreland and Associates.

Mr. Acocello gave an overview of the Audit. They reviewed the financial statements for the City and the Redevelopment Agency and reviewed the management letter and other miscellaneous reports in the Audit summary. In their management letter, they noted that there was nothing unusual to report. He noted that the audit went smoothly and commented that this was a credit to the City staff.

Mr. Acocello reviewed the basic financial statements and required and supplemental information and statement of net assets. He reviewed the statement of activities and government fund statement, which is the City’s major operating budget. The General Fund decrease in 2003-04 is a result of the creation of an internal service fund. Approximately $6 million was transferred to an internal service fund to cover the cost of financing the insurance liability fund and equipment replacement. Mr. Acocello complimented City staff on the smooth audit.

Cm Hudson wanted to confirm that the City’s government activities’ net assets increased by $6.3 million and, that during 2003-04, city revenues were more than the projected $43.3 million. Mr. Acocello concurred and stated that the revenue available for expenditures was $1.3 million less than budgeted in the General Fund but that the General Fund balance was $21.5 million which was $1.4 million more than was budgeted.

Cm. Hudson’s motion to accept the report was seconded by Cm. Rowley and passed 3-0.

Cm. Rowley noted that this audit was a wonderful reflection on the work of staff and consultants.

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The Acting City Manager had no comments.

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Cm. Hudson invited the public to attend the January 26, 2005 Sycamore Valley Open Space Regional Preserve-Land Use Plan Public Hearing. He asked the Council to be aware of correspondence which they had received concerning land use issues, regional housing (AB 21-58 and AB 23-48), and CEQA issues as they may impact decisions in San Ramon.

Cm. Rowley invited the public to attend the Street Smarts Skate Night at Golden Skate on January 26^th. She also invited the public to attend the Dublin San Ramon Women’s Club’s First Annual Art Auction and Wine Event on January 30, 2005 from 1:00 to 5:00 p.m. at the San Ramon Golf Club. Tickets are $35 per person.

Vice Mayor Livingstone invited the public to visit the "Ablaze" exhibit at the Museum of the San Ramon Valley. The exhibit, which details the history of fire service in the San Ramon Valley, opens on February 1 and closes on April 30, 2005.

There being no further business to come before the City, the meeting was adjourned at 8:40 p.m.

Signed:
Jim Livingstone, Vice Mayor
Patricia Edwards, Interim City Clerk

Approved at the February 8, 2005 City Council meeting, 3-0; Councilmember Perkins and Mayor Wilson abstain.